IN THE CASE OF:	  
		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080018800 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, to be awarded the Purple Heart.

2.  The applicant states, in effect, that he desires to be awarded a Purple Heart for war wounds he received.
 
3.  The applicant provides a Department of Veterans Affairs (VA) rating decision verifying his VA benefits in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted in the Army of the United States on 31 January 1968.  After completion of basic combat training and advanced individual training the applicant received the military occupational specialty 11C, Indirect Fire Infantryman.

3.  The applicant served in Vietnam from 8 July 1968 to 12 May 1969.  He continued to serve until he was honorably released from active duty on 30 January 1970.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show that the applicant received any wounds that were recorded.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show that he received a Purple Heart.

7.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart.

8.  The applicant's name does not appear on the Vietnam casualty roster for wounds received as a result of hostile action.

9.  The Awards and Decorations Computer Assisted Retrieval System failed to show that orders were published awarding the applicant the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant is not listed on the Vietnam Casualty Roster and there are no medical records available to show that he was treated for a wound he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018800



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ABCMR Record of Proceedings (cont)                                         AR20080018800



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